CITY MANAGER REGULATIONS FOR MEDICAL AND NON …Chapter 6.88 of the San Jose Municipal Code (“Code”) sets forth the requirements and procedures for medical cannabis collectives,

CAPITAL OF SILICON VALLEY

CITY MANAGER REGULATIONS FOR

MEDICAL AND NON-MEDICAL CANNABIS

Issued and Amended by the City Manager

Leland Wilcox, Chief of Staff Office of the City Manager

EFFECTIVE: JULY 16,2018

CITY MANAGER REGULATIONS FORMEDICAL AND NON-MEDICAL CANNABIS

Page 2

PART I - GENERAL PROVISIONS

SECTION 1-1. PURPOSE AND AUTHORITYChapter 6.88 of the San Jose Municipal Code (“Code”) sets forth the requirements and procedures for medical cannabis collectives, medical cannabis businesses, and non-medical cannabis businesses (“cannabis businesses”) in the City of San Jose (“City”). These regulations implement the provisions of Chapter 6.88 and are issued by the City Manager under the authorization granted pursuant to Section 6.88.315 of the Code. These regulations are not intended to be exhaustive and can be amended at any time by the City Manager.

These regulations shall be referred to as the “City Manager Regulations for Medical and Non- Medical Cannabis.” Any persons interested in cannabis businesses shall review these regulations carefully. Failure to comply with any of these regulations may impact a person’s ability to raise an affirmative defense to prosecution by the City under its Code for unlawful cultivation, storage, manufacture, processing, dispensing, transferring, or transporting cannabis in the City.

SECTION 1-2. DEFINITIONS AND CONSTRUCTIONThe definitions set forth in Chapter 6.88, and herein, shall govern the application and interpretation of these regulations. Any reference to federal, state or local statutes and ordinances includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute, ordinance or regulatory provision.

PART II - REGISTRATION AS A MEDICAL CANNABIS COLLECTIVE. MEDICALCANNABIS BUSINESS OR NON-MEDICAL CANNABIS BUSINESS

SECTION 2-1. THE REGISTRATION PROCESS.The City is not currently accepting applications for registration, and no new cannabis businesses are allowed in the City.

SECTION 2-2. REGISTRATION AMENDMENT PROCESSAny time a cannabis business desires to change or add a location or premises for dispensing, cultivation, manufacturing and/or extraction, or share a cultivation location with another registered cannabis business, or engage in medical cannabis or non-medical cannabis deliveries, it shall follow the following procedures, submit all required forms and plans, and pay all required fees. In addition to these procedures, a cannabis business shall complete any required State procedures for changes in operations, locations or premises.

A. Change of location within the City of San Jose1. Any time a cannabis business desires to change an existing location or premises

within the City of San Jose, it shall first obtain a zoning code verification certificate for the new location pursuant to Title 20 of the Code.


Page 3

2. Prior to beginning operations at the new location or premises, the cannabis business will complete the following:

a. If the new location is a dispensing location, submit an Application for Amendment: Dispensing Site identifying the new location;

b. If the new location is a cultivation location, submit an Application for Amendment: Cultivation Site identifying the new location;

c. Submit an amended operations plan identifying any changes in the cannabis business’s operations pertaining to the new location or premises (e.g. security plans including security camera information, alarm information, cultivation plans);

d. Submit updated site and floor plans; ande. Submit any other relevant forms or plans related to operations at the new

location or premises deemed necessary by the Chief of Police;f. Pass an inspection by the Chief of Police, and any other City official

charged with enforcing the provisions of the Code;g. Pay all fees related to the review and inspection of the proposed location

or premises;3. Upon completion of all requirements, the Chief of Police will authorize the

issuance of an Amended Notice of Completed Registration.

B. Add a location or premises for cultivation, manufacturing and/or extraction withinthe City of San Jose

1. Any time a cannabis business desires to add a location or premises for cultivation, manufacturing and/or extraction within San Jose city limits, it shall first obtain a zoning code verification certificate pursuant to Title 20 of the Code.


a. Submit an Application for Amendment: Cultivation Site identifying the new location;

b. Submit an amended operations plan identifying any changes in the cannabis business’s operations pertaining to the new location or premises (e.g. security plans including security camera information, alarm information, cultivation plans);

c. Submit updated site and floor plans; andd. Submit any other relevant forms or plans related to operations at the new

location or premises deemed necessary by the Chief of Police;e. Pass an inspection by the Chief of Police, and any other City official

charged with enforcing the provisions of the Code;f. Pay all fees related to the review and inspection of the proposed location

or premises;3. Upon completion of all requirements, the Chief of Police will authorize the



Page 4

C. Add a location or premises for cultivation., manufacturing and/or extraction outsideof the City of San Jose

1. Any time a cannabis business desires to add a location or premises for cultivation, manufacturing and/or extraction outside the San Jose city limits, it shall first obtain written documentation that the intended use of the location or premises does not violate the local law of the jurisdiction within which the location or premises is located.



b. Submit an amended operations plan identifying any changes in the cannabis business’s operations pertaining to the new location or premises (e.g. security plans including security camera information, alarm information, cultivation plans);

c. Submit updated site and floor plans; andd. Submit any other relevant forms or plans related to operations at the new

location or premises deemed necessary by the Chief of Police;e. Submit written documentation that the intended use of the location or

premises does not violate the local law of the jurisdiction within which the location or premises is located;

f. Pass an inspection by the Chief of Police, and any other City official charged with enforcing the provisions of the Code;

g. Pay all fees related to the review and inspection of the proposed location or premises;

3. Upon completion of all requirements, the Chief of Police will authorize the issuance of an Amended Notice of Completed Registration.

D. Change of location or premises for cultivation, manufacturing and/or extractionoutside the City of San Jose

1. Any time a cannabis business desires to change a location or premises for cultivation, manufacturing and/or extraction outside the city of San Jose, it shall first obtain written documentation that the intended use of the location or premises does not violate the local law of the jurisdiction within which the location or premises is located.



b. Submit an amended operations plan identifying any changes in the cannabis business’s operations pertaining to the new location or premises (for example security plans including security camera information, alarm information, cultivation plans, etc);

c. Submit updated site and floor plans; and


Page 5

d. Submit any other relevant forms or plans related to operations at the new location or premises deemed necessary by the Chief of Police;

e. Submit written documentation that the intended use of the location or premises does not violate the local law of the jurisdiction within which the location or premises is located;

f. Pass an inspection by the Chief of Police, and any other City official charged with enforcing the provisions of the Code;

g. Pay all fees related to the review and inspection of the proposed location or premises;


E. Share a cultivation location with another registered cannabis business within theCity of San Jose

1. Any time two registered cannabis businesses desire to share a location or premises for cultivation within the San Jose city limits, they shall first obtain a zoning code verification certificate pursuant to Title 20 of the Code.

2. Prior to beginning operations at the shared location or premises, the cannabis businesses will complete the following:

a. Each cannabis business submits their own Application for Amendment: Cultivation Site with all required plans and attachments;

b. Both cannabis businesses submit one, jointly signed Application for Amendment: Shared Cultivation Site;

c. Each cannabis business must submit any other relevant forms or plans related to operations at the shared location or premises deemed necessary by the Chief of Police;

d. Pass an inspection by the Chief of Police, and any other City official charged with enforcing the provisions of the Code;

e. Pay all fees related to the review and inspection of the proposed location or premises;


F. Engage in medical cannabis or non-medical cannabis deliveries1. Prior to engaging in medical cannabis or non-medical cannabis deliveries, the

cannabis business shall complete the following:a. Submit an Application for Amendment: Delivery Service identifying

how they will meet all delivery requirements;b. Submit a complete Delivery Technology Platform Login Information

Form;c. Submit a Delivery Vehicle Supplemental & Inspection Sheet for each

delivery vehicle;d. Have each driver for the cannabis business submit a Delivery Driver

Supplemental Application, and receive a Delivery Driver badge (in


Page 6

addition to submitting an Employee Application and completing a background investigation, if one is not already on file);

e. Have each delivery vehicle pass an inspection conducted by the Chief of Police;

f. Submit any other relevant forms or plans related to delivery operations deemed necessary by the Chief of Police;

g. Pay all fees related to review and inspection2. Upon completion of all requirements, the Chief of Police will authorize the


SECTION 2-3: NOTIFICATION OF APPLICATION FOR STATE LICENSEA cannabis business shall notify the Chief of Police in writing within 15 calendar days of any application, or any change in application, made to the State for a State cannabis license. The notification shall include the type of license the cannabis business is seeking. A copy of the completed application and all supporting documentation sent to the State shall be made available upon request.

SECTION 2-4: NOTIFICATION OF DISCIPLINARY ACTIONA cannabis business shall notify the Chief of Police in writing within 48 hours of receiving any notice to comply, citation, suspension or revocation from the State. The notification shall include the name of the State agency initiating the action; a copy of the notice to comply, citation, suspension or revocation order; a written explanation of circumstances which lead to the disciplinary action, and how the cannabis business will respond to the action.

The cannabis business shall notify the Chief of Police within 48 hours of any subsequent hearing or informal conference, and the final disposition of the disciplinary action.

Notifications may be made via email to [email protected].

SECTION 2-5: REGISTRATION NONTRANSFERABLE/CHANGE OF OWNERSHIPA. Pursuant to San Jose Municipal Code section 6.88.840.B, a cannabis business may

change ownership or management if the cannabis business submits all required forms and pays any associated fees. Required forms and fees include, but are not limited to:1. Submit an Application for Amendment: Transfer of Ownership2. Submit a new Cannabis Business Registration Application containing all the

information related to the new ownership3. All forms and fees required by the California Secretary of State to document a change

of ownership, management or business structure pursuant to corporate law;4. All forms and fees required to document any new, or change to, a “doing business as”

(“dba”) or fictitious business name;5. Any associated By-Laws changes;6. Any associated operating plans or documents (if different than those previously

submitted to the Chief of Police).B. Prior to a transfer of ownership, all potential new owners shall be fingerprinted and have

completed the required criminal history background check by the Chief of Police.

mailto:[email protected]


Page 7

C. In addition to any changes of information provided in the cannabis business’s registration forms, copies of any forms filed with the State of California or the County of Santa Clara must be made available to the Chief of Police within fifteen calendar days as specified in Section 6.88 of the Code.

PART III - DISQUALIFICATION FROM THE REGISTRATION PROCESS

SECTION 3-1. CRIMES OF MORAL TURPITUDEPursuant to Section 6.88.330E(l)(k)(2) of the Code, any collective or cannabis business may be disqualified from the registration process if the collective or cannabis business has an owner, manager, or has individual members or persons participating in the cultivation, processing, manufacturing, transporting or dispensing of cannabis, who has been convicted of a crime of moral turpitude. For purposes of Chapter 6.88 of the Code, moral turpitude shall include crimes which evidence a general readiness to do evil or corrupt others. By way of example only and not as an exhaustive list, crimes involving an act of baseness, vileness or depravity in the private and social duties which a person owes to other individuals or to society in general are crimes of moral turpitude. Moral turpitude may also include crimes without excuse and crimes involving dishonesty or immoral acts. The essential question that shall be considered is whether the crime indicates the type of dishonest or immoral character that suggests that the business or individual seeking registration with the City would not live up to the standards of conduct required for registration.

PART IV - OPERATING REGULATIONS AND CONDITIONS

SECTION 4-1. SECURITYA. Surveillance Recordings

1. Recordings of the monitoring required by Section 6.88.420 of the Code shall be maintained in an unalterable format with a documented system for regular information backup that is satisfactory to the City Manager.

2. Video surveillance recordings shall clearly and accurately display the time and date. Time is to be set to the Pacific Time Zone and measured in accordance with standards set by the United States National Institute of Standards and Technology;

3. The video surveillance system shall record all cameras continuously twenty four (24) hours per day.

B. Fire Alarm System The centrally-monitored fire alarm system required by Section6.88.420B of the Code shall comply with the Building standards set forth in the Code.

SECTION 4-2. TRANSACTIONS AND TRANSFERS WITH LICENSED PROVIDERSEffective January 1, 2018, a cannabis business shall only dispense medical or non-medical cannabis cultivated, processed or manufactured by the cannabis business at its registered and licensed location(s), or obtained from providers in possession of a valid, applicable State license. All medical and non-medical cannabis transactions shall fully comply with the San Jose


Page 8

Municipal Code, the City Manager Regulations for Medical and Non-Medical Cannabis, and State law.

SECTION 4-3. OPERATIONSA. Requirements for Visitors and Customers

1. All persons who are not owners, employees or managers of the cannabis business, excluding City of San Jose or State of California employees on official business, entering an area of the cannabis business that is not open to the public shall:a. Be entered into a visitor’s log with the date, time, whom the person represents (if

applicable), and the purpose of their visit; andb. Display a “visitor” badge issued by the cannabis business at all times during the

visit.

B. Accessibility to cannabis1. Cannabis shall not be accessible to medical patients or non-medical customers

without the assistance and monitoring of a cannabis business employee or manager.

SECTION 4-4. IDENTIFICATION BADGESA. Returning Identification Badges

Identification badges returned to the Chief of Police pursuant to SJMC Section 6.88.425 shall be returned to a Division of Cannabis Regulation (“Division”) staff member. To arrange for the return of an identification badge or badges, call the Division at (408) 537- 1420 or email [email protected].

B. Replacement of a Lost or Stolen BadgeIn order to replace a lost or stolen badge, a police report documenting how the theft or loss occurred shall be filled online at http://www.sipd.org/ReportingCrime/OnlineReport/ within 24 hours of the badge being discovered as lost or stolen. In addition, the loss or theft of the badge shall be reported to a cannabis business manager immediately and to the Chief of Police once the online report has been submitted by emailing [email protected] and including the temporary tracking number for the report. An online reporting guide can be obtained by emailing the division at [email protected].

C. Badges not Returned to the DivisionAny badge not returned to the Division pursuant to SJMC Section 6.88.425 for any reason other than lost or stolen shall be reported to the Division. The report shall be made in writing and include, in detail, the reason(s) the badge cannot be returned. The report may be made by emailing the Division at [email protected].

Nothing in this section precludes the cannabis business from being issued a citation or being fined for a violation of SJMC Section 6.88.425.


http://www.sipd.org/ReportingCrime/OnlineReport/





Page 9

SECTION 4-5. DELIVERIES OF MEDICAL CANNABIS OR NON-MEDICAL CANNABIS.Pursuant to section 6.88.445 of the Code, cannabis businesses registered pursuant to this Chapter may apply for registration to deliver medical cannabis or non-medical cannabis. The City Manager shall promulgate regulations to establish an application process and procedures to allow a registered cannabis business in San Jose in possession of a Notice of Complete Registration to deliver medical cannabis to qualified patients and primary caregivers age 21 or older, or nonmedical cannabis to persons age 21 or older. Unless otherwise specified in the City Manager Regulations, delivery of medical cannabis or non-medical cannabis in San Jose is prohibited.

A. Definitions1. Delivery — “Delivery” means the use by a registered cannabis business of a delivery

vehicle to facilitate the transfer by a registered cannabis business of medical cannabis or non-medical cannabis to members of the collective who meet the requirements for possession of cannabis under applicable state laws, or to persons age 21 or older.

2. Delivery driver - “Delivery driver” means a patient member or primary caregiver member, or an employee of a registered cannabis business working directly for the registered cannabis business who has applied for and received approval from the Chief of Police to drive a delivery vehicle.

3. Delivery vehicle - “Delivery vehicle” means a vehicle used to facilitate a delivery.4. Registered cannabis business - “Registered cannabis business” means cannabis business

located within the City of San Jose which has obtained a valid Notice of Completed Registration from the City Manager.

5. Secure container - “Secure container” means an enclosed container affixed to a vehicle, the contents of which are not visible from the outside of the vehicle, which is made of sufficient material and design to prevent entry without key or combination, and cannot be easily removed from the vehicle.

B. Delivery registration processPrior to conducting any medical cannabis or non-medical cannabis deliveries pursuant to this chapter, the cannabis business shall submit an Application for Amendment: Delivery Service with a delivery plan identifying how they will meet all delivery requirements pursuant to the requirements set forth in Section 4-5 of the City Manager Regulations. Upon completion of all requirements, the Chief of Police will issue an Amended Notice of Completed Registration for Delivery Service.

Violations of any of the provisions of this Code or these regulations could lead to administrative actions including, but not limited to, fines and/or suspension of the ability for a cannabis business to engage in delivery operations as deemed necessary by the Chief of Police.


Page 10

C. General Provisions1. Only a registered cannabis business in San Jose in possession of a Notice of Completed

Registration approved for deliveries may deliver medical cannabis or non-medical cannabis to qualified patients, primary caregivers or persons age 21 or older in San Jose;

2. Deliveries shall only be made to members of the cannabis business, or to persons age 21 or older;

3. It shall be unlawful for any person other than a delivery driver for a registered cannabis business to conduct a delivery originating or terminating in San Jose;

4. “Delivery only” cannabis businesses are prohibited;5. A cannabis business may receive orders for medical cannabis or non-medical cannabis

delivery via any technology platform owned and controlled by the cannabis business, or approved by the Chief of Police, that enables qualified patients, primary caregivers, or persons age 21 or older to arrange for or facilitate the transfer by a registered cannabis business of medical cannabis or non-medical cannabis to qualified patient and primary caregiver members or persons age 21 or older;

6. Orders for medical cannabis or non-medical cannabis delivery shall be made with the cannabis business in San Jose, and cannot be made directly with the delivery driver;

7. The cannabis business shall take steps to verify the identity, age, membership status and qualified patient or primary caregiver status when the order is placed;

8. Medical cannabis and non-medical cannabis transferred via delivery is subject to all other restrictions and requirements of State and local law, including being subject to all State and local taxes, including San Jose’s Marijuana Business Tax;

9. No medical cannabis or non-medical cannabis shall be removed from the vehicle until it is being readied for transfer or being transferred to the intended qualified patient, primary caregiver, person age 21 or older, or returned to the cannabis business;

10. No medical cannabis or non-medical cannabis shall be visible from outside of the vehicle;

11. Deliveries shall only be made to members of the cannabis business, or persons age 21 or older, between 8:00 a.m. and 10:00 p.m. Pacific Time;

12. The delivery driver shall only transfer medical cannabis or non-medical cannabis to the individual member or person age 21 or older who placed the order;

13. No medical cannabis or non-medical cannabis shall be delivered to individuals who are under 21 years of age.

14. The delivery driver shall not deliver medical cannabis or non-medical cannabis to an individual who is visibly intoxicated at the time of delivery;

15. The delivery driver shall not deliver medical cannabis or non-medical cannabis to an individual if there is reason to believe the medical cannabis or non-medical cannabis will be diverted to a person under 21 years of age;

16. Prior to transfer of medical cannabis or non-medical cannabis to the qualified patient, primary caregiver, or person age 21 or older who placed the order, the delivery driver shall verify the receiving person’s identity, age (via an approved electronic age verification device) and, for medical cannabis, the person’s doctor’s recommendation;

17. Prior to transfer of medical cannabis or non-medical cannabis to the qualified patient, primary caregiver, or person age 21 or older, all medical cannabis and non-medical cannabis orders shall meet all state and local packaging and labeling requirements;


Page 11

18. The person receiving medical cannabis or non-medical cannabis shall sign a receipt, delivery log, or other document confirming that he or she is age 21 or older and received the order. This can be accomplished electronically or via hard copy. This becomes part of the records of the delivery, and must be kept in accordance with all other record keeping requirements in accordance with section 6.88.500 of the Code;

19. All money received by the delivery driver shall be promptly stored in the delivery vehicle’s secure container;

20. Upon returning to the cannabis business’s dispensing location, the delivery driver and a cannabis business manager shall reconcile the delivery manifest, delivery log, remaining inventory, and all money received;

21. Within 24 hours of the close of business for the day, the cannabis business manager shall ensure that all delivery information is entered into the cannabis business’s records in accordance with section 6.88.500 of the Code.

D. Requirements prior to delivery1. Prior to leaving the cannabis business’s location or premises, all medical cannabis and

non-medical cannabis shall be placed in a secure container inside the delivery vehicle;2. Prior to leaving the cannabis business’s location or premises, the delivery driver shall

ensure that no medical cannabis or non-medical cannabis is visible from outside of the vehicle;

3. Prior to leaving the cannabis business’s location or premises, the delivery driver shall ensure that there are no markings indicating that medical cannabis or non-medical cannabis is in the vehicle,

E. Documentation Requirements1. Every cannabis business engaging in deliveries is required to comply with all applicable

state regulations regarding deliveries.2. Every cannabis business engaging in deliveries shall maintain records of all deliveries.

The records must be made available to the Division upon request and shall include:a. Name of the cannabis business;b. Address of the cannabis business;c. Phone number of the cannabis business;d. Date of the delivery or deliveries;e. Time of departure from the cannabis business of the delivery vehicle;f. Time of return to the cannabis business of the delivery vehicle;g. Name, Chief of Police issued ID Badge number, and delivery driver endorsement

number of the delivery driver;h. Make, model, license plate number, and GPS tracking device ID assigned to the

vehicle;i. Order number associated with each unique delivery;j. Address of the delivery for each order number;k. Time of delivery for each order number;l. Price or total value for each order number;


Page 12

m. Itemized product description of all cannabis in the delivery vehicle (e.g. strain; manufacturer; description of edible such as candy bar, cookie; description of infused product such as tincture, lotion). The description shall include:

i. Itemized amount of product by quantity or weight as appropriate for the type of product;

ii. Itemized value of product by quantity or weight as appropriate for the type of product;

iii. Total amount of product by quantity or weight as appropriate for the type of product at the time of departure from the cannabis business and at the time of return to the cannabis business;

iv. Total value of all cannabis products in the vehicle at the time of departure from the cannabis business;

n. Amount of money leaving the cannabis business (for example, to be used as change);

o. Amount of money returned to the cannabis business;p. Explanation and information concerning any unanticipated circumstances that

occurred during the delivery trip (e.g. vehicle accident, flat tire, theft of product).3. In addition, every cannabis business engaging in deliveries shall maintain detailed

records of transfers of medical cannabis and non-medical cannabis in accordance with 6.88.500 of the Code.

F. Delivery Vehicle Requirements1. Prior to the delivery vehicle being inspected the cannabis business will complete the

Delivery Vehicle Supplemental and Inspection sheet containing the year, make, model, color, license plate number, vehicle identification number (VIN), delivery drivers full name, and registered owner of each vehicle designated for delivery if different than the delivery driver;

2. Each delivery vehicle shall not have any identification or markings relating to cannabis or the cannabis business;

3. Each delivery vehicle shall be equipped with a secure container;4. The delivery vehicle shall not carry or transport at any one time more than a total of

$3,000 worth of medical cannabis or non-medical cannabis, in any combination;5. Each delivery vehicle shall carry or transport medical cannabis or non-medical cannabis

for only one registered cannabis business at a time;6. While delivering medical cannabis or non-medical cannabis, the delivery driver shall not

engage in delivering other non-cannabis products (for example, working for DoorDash or UberEats) and/or transporting people (for example, working for Uber or Lyft);

7. Each delivery vehicle shall be equipped with a functioning dual-facing video camera and recording system affixed to the vehicle and positioned in such a way so as to capture the driver/interior of the vehicle, as well as the front outside of the vehicle;

8. Each delivery vehicle video camera shall record continuously from the time of departure from the cannabis business to the time of return to the cannabis business;

9. Video recordings shall clearly and accurately display the time and date. Time shall be set to the Pacific Time Zone and measured in accordance with standards set by the United States National Institute of Standards and Technology;


Page 13

10. Video recordings from each delivery vehicle recording system shall be retained for thirty (30) days;

11. The delivery vehicle video and recording system must be of adequate quality, color rendition, resolution, and position to allow the ready identification of any individual driving the delivery vehicle, approaching the delivery vehicle, or occupying the passenger compartment of the delivery vehicle;

12. Delivery vehicle video recordings shall be made available and accessible to the Chief of Police and any other city or state official charged with enforcing the provisions of the Code immediately upon request for review and copying;

13. All delivery vehicles shall be subject to inspection by the Chief of Police, any law enforcement officer, or any other city or state official charged with enforcing the provisions of the Code;

14. All delivery vehicles may be stopped and inspected by the Chief of Police, any law enforcement officer, or any other city or state official charged with enforcing state or local cannabis laws and regulations at the registered cannabis business or during delivery;

15. The delivery vehicle shall be equipped with a GPS tracking system provided by the Chief of Police. The purpose of the GPS tracking system is to provide the Chief of Police with:

a. Live remote monitoring of the delivery vehicle from when it leaves the cannabis business to when it returns to cannabis business and is no longer in service as a delivery vehicle;

b. Historical driving data;

16. A cell phone does not meet the GPS tracking system requirement (in addition to the GPS tracking system provided by the Chief of Police, a cell phone or other device may be used for routing, order management or other functions; however, it cannot be used as a substitute for the GPS tracking system provided by the Chief of Police);

17. The Chief of Police shall be notified within 24 hours of the discontinued use of a GPS tracking device, along with the reason for the discontinued use of the device;

18. The cannabis business shall reimburse the San Jose Police Department for all costs associated with GPS tracking devices;

19. Each delivery vehicle and driver shall meet or exceed all of the insurance requirements as may be presently or in the future required by any financial responsibility laws of the State of California;

20. Should the insurance coverage for any particular driver or vehicle be revoked, lapse or cancelled, such driver or vehicle shall be taken out of service immediately;

21. Each delivery vehicle shall have valid California registration;22. Should the California registration on a delivery vehicle expire, the vehicle shall be taken

out of service immediately;23. If the registered owner of a delivery vehicle is not the cannabis business or delivery

driver, the registered owner shall submit to the Chief of Police a notarized letter authorizing the delivery driver to use the vehicle for cannabis delivery.

G. Delivery Driver RequirementsEvery delivery driver shall meet the following requirements:

1. Be a member or employee of the registered cannabis business;


Page 14

2. Been issued an ID badge by the Chief of Police in accordance with 6.88.425 indicating that they are an approved delivery driver;

3. A delivery driver shall only conduct deliveries on behalf of one registered cannabis business during their shift;

4. Hold a valid California Driver’s License appropriate for the class of vehicle he or she will be driving;

5. Have completed a background investigation by the Chief of Police that includes a driver’s license review;

6. Have in their possession while conducting deliveries:a. California Driver’s License;b. Police Department issued ID badge indicating that they are an approved

delivery driver;c. Vehicle’s valid registration and proof of required insurance;d. Valid doctor’s recommendation for medical cannabis or State medical

cannabis identification card, if the delivery driver possesses one;e. Copy of the registered cannabis business’s Amended Notice of Completed

Registration for Delivery Service;f. The delivery manifest;

7. Present those documents to any peace officer or City official enforcing the Code upon request;

8. The delivery driver shall at all times during deliveries carry an operating cell phone to connect with the cannabis business or emergency services as needed.

H. Delivery Location Restrictions1. Delivery of medical cannabis or non-medical cannabis to any jurisdiction that prohibits

medical cannabis or non-medical cannabis deliveries or mobile dispensaries is prohibited;2. No medical cannabis or non-medical cannabis may be delivered to or within 1,000 feet of

the grounds of a public or private preschool, elementary school, or secondary school, a child day care center, a community or recreation center, a park, or a library unless the delivery occurs at a private residence.

I. Incident Reporting Requirements1. Any vehicle accident resulting in injury to any person shall be reported to the local police

department, and a cannabis business manager immediately, and to the Chief of Police within 24 hours by emailing [email protected] including the date, time, location, involved vehicle and driver, circumstances and local police department case number.

2. For any vehicle accident resulting in property damage only, the delivery driver shall exchange driver, vehicle, and insurance information with all involved parties, and the accident may be reported to the local police department. In addition, the accident shall be reported to a cannabis business manager immediately and to the Chief of Police within 24 hours by emailing dcr@sanj oseca. gov including the date, time, location, involved vehicle and driver, circumstances, and local police department case number, as applicable.

3. Any crime involving the delivery vehicle or driver, including any attempted or actual loss or theft of cannabis or money, shall be reported to the local police department immediately. In addition, the incident shall be reported to a cannabis business manager



Page 15

and to the Chief of Police within 24 hours including the date, time, location, involved vehicle and driver, circumstances and local police department case number. Notification to the Chief of Police may be made by emailing [email protected].

SECTION 4-4. CRIME AND INCIDENT REPORTINGA. No cannabis business owner, manager, or individual member or employee of the cannabis

business participating in the cultivation, processing, manufacturing, transporting or dispensing of medical cannabis or non-medical cannabis shall fail to make a report to the San Jose Police Department, immediately upon discovery of any conduct which raises a reasonable suspicion that a misdemeanor or felony crime has been committed on the cannabis business’s premises or location. For the purposes of this section, reports shall be made online (www.sipd.org) where applicable, or by calling 3-1-1 or (408) 277-8900 for non-emergencies, or 9-1-1 or (408) 277-8911 for emergencies.

B. No cannabis business owner, manager, or individual member or employee of the cannabis business participating in the cultivation, processing, manufacturing, transporting or dispensing of medical cannabis or non-medical cannabis shall fail to report any conduct which raises a reasonable suspicion of a violation of this Chapter to the San Jose Police Department within 24 hours of its discovery. For the purposes of this section, reports shall be made online (www.sipd.org) where applicable, or by calling 3-1-1 or (408) 277-8900 for non-emergencies, or 9-1-1 or (408) 277-8911 for emergencies.

C. No cannabis business owner, manager, or individual member or employee of the cannabis business participating in the cultivation, processing, manufacturing, transporting or dispensing of medical cannabis or non-medical cannabis shall fail to report within 24 hours of discovery any significant discrepancies of inventory, unauthorized destruction of medical cannabis or non-medical cannabis, any unlawful transfer of medical cannabis or non-medical cannabis to persons under 21 years of age, or any violation of the integrity of cannabis business operations. Reports may be made electronically by emailing [email protected].

D. Pursuant to section 6.88.490 B of the Code, each cannabis business shall maintain a log of any public nuisance activity on the premises and location or within 300 feet of the premises and location. The log shall include any information required by the Chief of Police, including but not limited to the date and time of the occurrence; the type of activity; the circumstances surrounding the activity; the identity of any persons involved in the activity, if known; the corrective action taken by cannabis business; and the police case number, if applicable. The log shall be maintained in accordance with all other record keeping requirements of the Code, and shall be made available for inspection by the Chief of Police or any other official charged with enforcing the provisions of the Code.

SECTION 4-5. PROPER DISPOSAL OF MEDICAL CANNABIS AND NON-MEDICAL CANNABIS WASTEPursuant to Section 6.88.315.A.4, in order to promote the safe cultivation of medical cannabisand non-medical cannabis, and to prevent unauthorized access to medical cannabis and nonmedical cannabis, including medical cannabis and non-medical cannabis waste, the cannabis


http://www.sipd.org

http://www.sipd.org



Page 16

business shall properly dispose of all medical cannabis and non-medical cannabis waste generated from the premises and location. Medical cannabis and non-medical cannabis waste includes cannabis plants, flowers, trim, leaves, stems, seeds, any cannabis concentrate, and any product containing medical cannabis or non-medical cannabis intended to be destroyed.

A. The cannabis business is required to keep a detailed record of the amount of medical cannabis and non-medical cannabis waste rendered unusable along with the final destination of all medical cannabis and non-medical cannabis waste.

B. Prior to leaving the cannabis business’s cultivation premises or location, all medical cannabis and non-medical cannabis waste shall be rendered unusable and unrecognizable through mixing the waste with a non-consumable medium, including but not limited to one or more of those listed below, so that the resulting mixture is at least 50 percent noncannabis waste. The resulting mixture may then be composted onsite, placed in the facility’s wet bin for pickup or transferred to a waste disposal facility approved by the Chief of Police. The following inert mediums may be used in the mixture:1. Paper waste;2. Plastic waste;3. Cardboard waste;4. Food waste;5. Grease or other compostable oil waste;6. Bokashi or other compost activators;7. Soil;8. Other medium approved by the Chief of Police that will render medical cannabis or

non-medical cannabis waste unusable and unrecognizable.

Documents

CITY MANAGER REGULATIONS FOR MEDICAL AND NON …Chapter 6.88 of the San Jose Municipal Code (“Code”) sets forth the requirements and procedures for medical cannabis collectives,